* Dear readers, legal pundits, regular pundits, and the public at large: Please stop with this nonsense of how Sandra Fluke should sue Rush Limbaugh. Because I swear to God, if you guys make me indirectly defend Limbaugh, I will wear you guys out like the dirty little sluts you are. [Politico]
* Which founding partner of a major law firm has abs of steel? [Dealbreaker]
* A ranking of top moot court programs. I wouldn’t be surprised if the schools that are best at moot court are the schools that spend the most time lying to their students about how there’s a single goddamn employer out there who cares about moot court. [TaxProf Blog]
* People think I hate cops, but I have nothing on Republicans in the Indiana House of Representatives. Those guys are such cop haters that they want to pass a law to make it okay to kill them if they enter your house. All I want is to be able to get away with saying “yo’ mama” if they try to falsely arrest you in your own home. [Recess Appointments]
* This legal assistant reminds me of what Lane Pryce might have said if he had been sacked for a job as a legal assistant. [Roll on Friday]
* Really, it’s the pro-death penalty crowd that wants us to be more like Communist China. [A Public Defender]
* Congratulations to the new leaders at Ms. JD. [Ms. JD]
* Michigan man sues movie theater for overpriced snacks. He’s not suing for amount they charge to see movies over the past atrocious season, he just wants to spend less while he’s sucking down Goobers and watching them. (One quick side note on the Oscars ’cause I was sick last week: F*** you, Academy of Motion Picture Arts and Sciences. Maybe they should re-release Margin Call with Zach Quinto replaced by a French mime so you guys might notice something at least 1% of this country cares about.) [Huffington Post]
Stephen M. McDaniel, the Mercer Law School graduate accused of killing classmate Lauren Giddings, made an appearance in court this morning. As you may recall, Giddings’s decapitated torso was found on June 30 in Macon, Georgia, and thus far, police have been unable to recover the rest of her body.
Last month, we mentioned that Bibb County prosecutors intended to seek the death penalty for McDaniel. Today, in court, the alleged murderer received formal notification of his fate if he is found guilty of the charges levied against him.
McDaniel’s arraignment hearing has been set for February 7, but his lawyers raised some interesting issues today. What sort of motions will they be filing on their client’s behalf?
We’ve previouslywritten about the mailroomof death at Sullivan & Cromwell. To make a long story short (read our prior posts for the full background), a mailroom mix-up at 125 Broad Street caused an Alabama death-row inmate to miss a deadline for filing an appeal. The Eleventh Circuit rejected the condemned man’s attempt to reopen his case.
Presumably feeling bad for what had happened, S&C appealed to the Supreme Court. The firm hired a leading SCOTUS advocate — former Solicitor General Gregory Garre, now a partner at Latham & Watkins — to argue that prisoner Cory Maples shouldn’t forfeit his life because of S&C’s screw-up.
This morning, the Supreme Court handed down its ruling in Maples v. Thomas. What did the high court have to say?
* Andrews Kurth had such a good year that they’re not just giving their high performers bonuses, they’re giving raises to 25 associates! [Texas Lawyers]
* Davis Polk is taking a jump across the pond. [The Lawyer]
* When I’m struggling to think creatively, I have a drink. When that doesn’t work, I have another. [What About Clients?]
* How bloodthirsty do you have to be to believe that the death penalty, as applied, is actually working? [SAFE]
* If I had a kid, I’d start a parenting blog. I’d call it: How To Avoid Raising A Lawyer. [WSJ Law Blog]
The Bibb County District Attorney calls the crime “outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind,” which is one standard the prosecution has to meet to seek the death penalty in Georgia.
The Macon Telegraph conducted a long interview with Lauren Giddings’s boyfriend, David Vandiver. The King & Spalding lawyer wonders if Giddings’s final email to him was entirely hers….
* DLA Piper is blaming the Occupy Wall Street movement for Biglaw’s sad, 2011 bonus season. It looks like we can expect a Cravath match from that firm. [Thomson Reuters News & Insight]
* This Senate victory for gay servicemembers came with unintended consequences. It’s now kosher to have sex with men, women, and everything else under military law. [Washington Post]
* Prosecutors will be seeking the death penalty against Stephen McDaniel. If being drawn and quartered were an option, maybe this medieval scholar wouldn’t mind so much. [Macon Telegraph]
* Bueller? Bueller? Bueller? Although Ben Stein is the keynote speaker at this year’s ABA Techshow, legal tech nerds will likely be unable to win his money. [ABA Journal]
We live in a country where some states have the death penalty. Capital punishment. The “ultimate justice,” people like Rick Perry say with a smirk, as if justice that ends in death is somehow preferable to justice that respects the dignity of human life.
Do you not know what those sanitized words mean? Do you not know what the death penalty is?
We live in a country that sanctions murder of supposed criminals. That’s what we’re talking about: murder. It’s not “self-defense.” Death row inmates are locked down, strapped down, and would be in jail for the rest of their natural lives but for our societal decision to kill them first.
And the people we kill, we suppose they are criminals. We have a system that spits out a verdict that a person is guilty. It’s a flawed, imperfect system. In any given case, witnesses, counsel, judges, or the jury could be wrong, stupid, or both. We, as a society, take their word for it because it’s the best way for dispensing justice that we’ve come up with so far.
But since we have this flawed system, and we do kill people, then it is inevitable that occasionally we’re going to murder the “wrong” person. To support the death penalty is to support the occasional murder of innocent people. That’s been true since the first barbarian hunter-gatherer thought it’d be a good idea to gather the whole tribe together to watch the death of another defenseless person who claimed innocence.
So my question is, why the hell are people so worked up over Troy Davis?
* It took SCOTUS more than four hours to write one sentence. But oh, to be a fly on the wall last night when they decided to deny a stay of execution for Troy Davis. [New York Times]
* AT&T wants to take the DOJ’s antitrust case to trial. This must be some sort of a joke, but the only punchline I can think of is the company’s crappy wireless network. [Bloomberg]
* Because Chanel No. 399 just doesn’t sound as classy as Chanel No. 5, the company has filed a massive trademark infringement lawsuit against nearly 400 defendants. [ABC News]
* Memo to our readers: You know our exploding car thing was just a caption contest, right? We weren’t anticipating a real life lawyer car bombing. [Forbes]
On Saturday, the Macon Telegraph reported on a theory that Stephen McDaniel was framed for the murder of Lauren Giddings. This theory was advanced by McDaniel’s mother, Glenda McDaniel, who steadfastly maintains her son’s innocence. As commentator Kenny Burgamy aptly noted in the Telegraph, “A mother’s love is instinctual, unconditional and forever.”
Yesterday the Telegraph followed up with a detailed profile of Stephen McDaniel, looking at his childhood, family background, and college years. It’s a great read; check it out in full over here.
To whet your appetite, let’s cover the highlights….
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at asia@kinneyrecruiting.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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